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Baker-Carter Commission Reflects Flaws and Shortcomings of US Electoral System

Global Exchange
April 15, 2005
Nell Greenberg and Chris Michael
Confidence in our democracy is slipping and our electoral systems are urgently in need of repair. It is in this context that American University's Center for Democracy and Election Management (CDEM) has organized a new Commission on Federal Election Reform co-chaired by Former President Jimmy Carter and Former Secretary of State James Baker, III. The bipartisan commission, which will have the first of two hearings on April 18th, is charged with examining such matters as the disputed 2000 presidential election in order to recommend improvements to the nation's federal election system. While a commission committed to spearheading electoral reform is welcome, this closed-door commission embodies many of the severe flaws and shortcomings of our current electoral system: insufficient transparency and marginal civic participation, especially of those already disenfranchised.

Only panelists invited by American University's Office of International Affairs will have the opportunity to present to the commissioners, and access by the general public will be limited to a select audience allowed to watch the hearings on a TV screen in a separate room. It is also hard to understand the choice of co-chair James Baker III, the man responsible for blocking the 2000 Florida recount on behalf of the Bush/Cheney campaign team, which seems to undermine the legitimacy of the commission's proceedings and subsequent recommendations.

In the wake of two bitterly contested presidential elections the responsibilities of this commission should be to represent the interests of all of the American people, particularly those who were disenfranchised by system flaws in 2000 and 2004. A commission that has no forum for ordinary citizens is not a good model of the democratic principles of participation and transparency essential to bettering our electoral processes. Consequently, the reforms that are recommended will exclude the most necessary voices and will be shaped by those who have access to the most privileges within that electoral system.

The American electorate is in dire need of a confidence boost, not only in their voting systems but also in the institutions that are taking initiative to help reform them. The list of reforms we need are clear:

•Shocking as it sounds, American citizens do not have a Constitutional Right to Vote. Congress should act immediately to pass a Constitutional Amendment affirming the right to vote for all citizens.

•We must end the partisan administration of our elections. By doing so, we will join the majority of democracies worldwide, including the largest, India, to ensure that our elections are administered by independent, nonpartisan officials whose offices operate with a commitment to transparency and to eliminating voter suppression and intimidation.

• More than four million Americans in seven states are denied the right to vote as a result of laws that prohibit voting by felons or ex-felons. This fundamental obstacle to participation in democratic life is exacerbated by racial disparities in the criminal justice system, resulting in an estimated 13% of black men being unable to vote. It is time to re-enfranchise felons and ex-felons.

•For voters to have confidence their vote is being counted -- correctly -- we must guarantee all voters will see and confirm their vote from an auditable, voter-verified paper record that will be the ballot of record for all audits and recounts.

•Parts of the Voting Rights Act of 1965, which has been called the single most effective piece of civil rights legislation ever passed by Congress, need reauthorization in 2007. Reauthorization by Congress will extend scrutiny of cities and states with a history of segregation and legalized discrimination.

•To end the "Buy an Election Game," we should follow the lead of Maine and Arizona and adopt publicly funded elections for qualified candidates; moreover Congress should set standards for free, equal air time for candidates on the public airwaves.

•We should also take note that the states with the highest voter turnout do not have arbitrary voter registration deadlines weeks before an election; rather, they allow Election Day registration to ensure all eligible voters have an opportunity to cast their ballot.

•The fact that there is no single voting system in the United States has been, and will continue to be, one of the most critical problems we face at the national level. Uniform standards designed to allocate voting systems, poll workers and election resources per capita as well as universal ballot design and centralized, nondiscriminatory and computerized voter registration lists linked with other state agency databases will help usher-in a more equitable, secure and trusted democracy.

This list of reforms is a clear starting point to help expedite other needed reforms, such as districting policies that are more competitive and representative of the electorate, and the adoption of instant runoff voting and proportional representation.

We hope the Baker-Carter commission will open itself to greater public access, and that its final recommendations will courageously promote the practical implementation of thoroughgoing reforms that reflect the American ideals of participation by all.

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Nell Greenberg and Chris Michael work on the Democracy Campaign at Global Exchange, www.globalexchange.org.

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This page last updated April 19, 2005
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